At a glance: Major retail chains want to avoid labeling AI-generated product and advertising photos unless they are intended to deceive.
The European trade association Eurocommerce has called on EU Digital Affairs Commissioner Henna Virkkunen to create exemptions from the new transparency rules of the EU AI Act for AI-generated advertising images. The association argues that commercial advertising without intent to deceive should not fall under the disclosure requirements for deepfakes.
Eurocommerce, the umbrella organization for Amazon, H&M, Ikea and Inditex, has submitted a written request to the European Commission. The demand aims to exempt generative AI advertisements and product photos from the disclosure requirement that comes into effect on August 2, 2026 under the EU Law on Artificial Intelligence. The law requires that content such as images, videos or audio files be clearly marked if they have been created or altered using AI and meet the definition of a deepfake.
Secretary General Christel Delberghe argues in the letter that commercial advertising materials not designed to deceive users should not fall under this strict definition. Concrete examples include AI-assisted creation of a living room for sofa presentation or enhancement of product images for presentation purposes. The association also warns of a devaluation of the disclosure requirement itself: blanket labeling of all AI advertising materials could lead to consumers becoming desensitized by a flood of notices, defeating the educational purpose.
Generative AI is already established in online and retail commerce. Zalando has reduced image and text production costs by 90 percent through AI-supported content creation. H&M and Zara use digital clones of models to present clothing virtually. A mandatory disclosure requirement would consequently cover a significant portion of the daily image and advertising production of this sector. An official response from the European Commission to the letter has not yet been provided.
Source: www.it-daily.net · Published June 22, 2026
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